Sample Essay on:
Different Approaches in the Application of the Equal Protection Clause

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Essay / Research Paper Abstract

This 4 page paper examines the equal protection clause in various situations, and particularly as it concerns homosexuality. Several Supreme Court cases are discussed. Bibliography lists 5 sources.

Page Count:

4 pages (~225 words per page)

File: RT13_SA611equ.rtf

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Unformatted sample text from the term paper:

strict scrutiny." These approaches do differ a great deal. In essence, the court has not been willing to extend the suspect class which is a class that deserves greater protection by the high court to those in classes other than women or minorities ("Equal Protection Clause"). In other words, there are many classes of people that seemingly deserve protection such as those with weight problems or who have an unusual lifestyle. For example, the Court would not make the mentally retarded a suspect class ("Equal Protection Clause"). In Lawrence v. Texas for example, the court would strike down the prohibition of homosexual sodomy, and this was on "substantive due process grounds" ("Equal Protection Clause"). Yet, this matter was resolved without attention to the suspect class status question ("Equal Protection Clause"). In other words, it is not against the law to engage in sexual practices behind closed doors, but that does not mean that people who engage in different sexual practices ought to be protect by the law. In other words, people should receive constitutional guarantees in general, but just because someone wants to perform certain sexual activities, that does not justify the creation of a special class. At least, that is the thinking according to this position. At the same time, homosexuals argue that they should receive protection because their lifestyle is different and it invites discrimination. Romer v. Evans however does not agree with this position. The Supreme Court struck down, in Colorado, a law that would allow discrimination against homosexuality ("Romer v. Evans"). The ruling in that case is as follows: "An amendment to the Colorado Constitution that allows discrimination against homosexuals and prevents the state from protecting them violated equal protection under the Fourteenth Amendment, because it was not rationally related to a legitimate state interest, ...

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